The purposes of this article are to list and describe the powers, procedures and standards for the Zoning Hearing Board, as required by the Pennsylvania Municipalities Planning Code, as amended.
A. 
Creation of the Zoning Hearing Board. A Zoning Hearing Board for the Borough of Upland shall be appointed by the Borough Council and shall be authorized to administer all procedures charged to such boards in accordance with the provisions of Article IX of the Pennsylvania Municipalities Planning Code, as amended. Hereinafter, as used in this article, the term "Municipalities Planning Code" shall refer to the Pennsylvania Municipalities Planning Code, Act 247, as amended.
B. 
Membership of the Zoning Hearing Board. The Zoning Hearing Board shall consist of three residents of the Borough and two alternates, also Borough residents. Their terms of office shall be three years and shall be so fixed that the term of office of one member shall expire each year. The Zoning Hearing Board shall promptly notify the Borough of any vacancies. Appointment to fill vacancies shall be only for the unexpired portion of the term. Members of the Zoning Hearing Board shall hold no other elected or appointed office in the Borough. Included in this statement are part-time officials and consultants.
C. 
Removal of members. Any member may be removed for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority rule of the Borough Council taken after the member has received 15 days' advance notice of the intent to take such a vote. A hearing shall be held in connection with the vote if the member requests it in writing. See also Section 905 of the Municipalities Planning Code.
D. 
Organization of the Zoning Hearing Board.
(1) 
The Zoning Hearing Board shall elect from its own membership its officers, who shall serve annual terms as such and may succeed themselves. For the conduct of any hearing and the taking of any action, a quorum shall be not less than the majority of all members of the Zoning Hearing Board; but where a majority of members are disqualified to act in a particular matter, the remaining members may act for the Zoning Hearing Board. As provided for in the Municipalities Planning Code, the Zoning Hearing Board may appoint a hearing officer from its own membership to conduct any hearing on its behalf, and the parties may waive further action by the Zoning Hearing Board, as provided in Section 908 of the Municipalities Planning Code. See also Section 906 of the Municipalities Planning Code for further information on the organization of the Zoning Hearing Board.
(2) 
The Zoning Hearing Board shall adopt rules and forms for its procedure in accordance with the provisions of this chapter. Meetings of the Zoning Hearing Board shall be held at the call of the Chairman and at such other times as the Zoning Hearing Board may determine. Such Chairman or, in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Zoning Hearing Board shall be open to the public.
(3) 
The Zoning Hearing Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Department of Code Enforcement and shall be a public record.
(4) 
The Zoning Hearing Board shall submit a report of its activities to the Borough Council as requested.
E. 
Expenditures for services. Within the limits of funds appropriated by the Borough Council, the Zoning Hearing Board may employ or contract for secretaries, clerks, legal counsel, consultants and other technical and clerical services. Members of the Zoning Hearing Board may receive compensation for the performance of their duties, as may be fixed by the Borough Council, but in no case shall it exceed the rate of compensation authorized to be paid to members of the Borough Council. See also Section 907 of the Municipalities Planning Code.
A. 
Appeals from the Borough Zoning Officer. The Zoning Hearing Board shall hear and decide appeals where it is alleged that the Borough Zoning Officer has failed to follow prescribed procedures or has misinterpreted or misapplied any provision of this chapter or the Zoning Map, or any valid rule or regulation governing the action of the Zoning Officer.
B. 
Applications. Applications for variances or special exceptions shall include as a minimum the following information:
(1) 
A sketch plan, at scale, showing the layout of the property, the proposed improvements and alterations thereto and the relationship of the tract to adjacent properties.
(2) 
A reference to the section(s) of the ordinance under which the variance or special exception is requested.
(3) 
Other information items as required by the Department of Code Enforcement.
C. 
Variances. The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant. In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter. See also Section 910.2 of the Municipalities Planning Code.
D. 
Special exceptions. The Zoning Hearing Board shall hear and decide requests for special exceptions authorized by this chapter in accordance with the standards and criteria set forth in § 185-2406 below. The Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter. Regulations for specific special exceptions shall also be met and are located in Article XIX of this chapter. See also Section 912.1 of the Municipalities Planning Code.
E. 
Challenges to the validity of Zoning Code or Map. The Zoning Hearing Board shall conduct hearings and make decisions and findings in connection with challenges to the validity of any provision of this chapter as authorized by Section 909.1 and/or 916.1 of the Municipalities Planning Code.
The Zoning Hearing Board shall conduct hearings and make decisions in accordance with the provisions of Section 908 of the Municipalities Planning Code.
A. 
Notice of hearing. In any case where the Zoning Hearing Board shall hold a public hearing, the Zoning Hearing Board shall, at a minimum, give notice of such hearing as follows (see also Section 908 of the Municipalities Planning Code):
(1) 
Notice shall at a minimum state the time and the place of the hearing and the particular nature of the matter to be considered at the hearing.
(2) 
By publishing a notice thereof once each week for two successive weeks in a newspaper of general circulation in the Borough, provided that the first publication shall be not more than 30 days and the second publication not less than seven days from the date of the hearing.
(3) 
By mailing or delivering due notice thereof to the applicant and other parties in interest, who shall be at least those persons whose properties adjoin the property in question or are within a two-hundred-foot radius of the property in question.
(4) 
By mailing or delivering notice thereof to the Borough Council, the Borough Manager and the Zoning Officer.
(5) 
By conspicuously posting notice of said hearing on the affected tract of land at least one week prior to the hearing.
Decisions of the Zoning Hearing Board shall include the following elements:
A. 
Findings of fact, including a brief summary of relevant testimony and information entered during the proceedings of the Zoning Hearing Board.
B. 
Citation by quotation or by reference to the specific sections of the local ordinances and/or the Municipalities Planning Code that are relevant to the case in question.
C. 
Conclusions of the Zoning Hearing Board, enumerating the reasons why such conclusions are deemed appropriate in light of the facts found.
D. 
Ruling of the Zoning Hearing Board, indicating in writing any stipulations or conditions attached to the ruling.
In any instance where the Zoning Hearing Board is required to consider a variance or special exception, the Zoning Hearing Board shall, among other things, consider the following standards:
A. 
Municipalities Planning Code criteria for variances.
(1) 
The Zoning Hearing Board shall hear requests for variances where it is alleged that the provisions of this chapter inflict unnecessary hardship on the applicant.
(2) 
A variance from the terms of this chapter shall not be granted by the Zoning Hearing Board unless and until a written application for a variance is submitted by the applicant, who shall have the burden of establishing the presence of all the following conditions where relevant in a given case:
(a) 
That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not to the circumstances or conditions generally created by the provisions of this chapter in the neighborhood or district in which the property is located.
(b) 
That, because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of the variance is therefore necessary to enable the reasonable use of the property.
(c) 
That such unnecessary hardship has not been created by the applicant.
(d) 
That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e) 
That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(3) 
In granting any variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter.
B. 
Standards for review of special exceptions.
(1) 
In any instance where the Zoning Hearing Board is required to consider a request for a special exception, the Zoning Hearing Board shall consider the following factors, where appropriate (see also Section 912.1 of the Municipalities Planning Code):
(a) 
That the proposed use is appropriate for the site in question in terms of size, topography, natural features, drainage, sewage disposal, water supply, accessibility and availability of public services and that adequate provisions will be made to protect sensitive environmental features such as streams, lakes, wetlands, slopes and mature trees.
(b) 
That the proposed use is compatible with the character of the surrounding neighborhood and will not interfere with or detract from legitimate uses and adjacent properties, and that adequate measures will be provided through building design, site layout, landscaping, planting and operational controls to minimize any adverse impacts caused by noise, lights, glare, odors, smoke, fumes, traffic, parking, loading and signage.
(c) 
That the proposed special exception will serve the best interests of the Borough, the convenience of the community and the public health, safety and welfare.
(d) 
That the proposed use promotes orderly development, proper population density and the provision of adequate community facilities and services, including police and fire protection.
(e) 
That the proposed use is suitable in terms of its effect on highway safety and traffic circulation and that access, on-site circulation and parking are adequate in view of anticipated traffic.
(f) 
That the proposed use will provide for adequate off-street parking, as required in Article XVI.
(2) 
In cases where uses permitted by special exception are not accompanied by specific standards for such uses, the regulations in § 185-1902 shall apply.
(3) 
Financial hardship shall not be construed as a basis for granting special exceptions.
(4) 
In granting any special exception, the Zoning Hearing Board may attach reasonable conditions and safeguards in addition to those expressed in this chapter as it may deem necessary to implement the purposes of the Municipalities Planning Code and this chapter, which conditions and safeguards may relate to, but not be limited to, screening, lighting, noise, safety, aesthetics and the minimization of noxious, offensive or hazardous elements. Such special exception shall be clearly authorized by a provision in this chapter and shall, where applicable, comply with the more-specific standards relating to such special exception contained in relevant sections of Article XIX.
A. 
For variances. An applicant for a variance shall have the burden of establishing both:
(1) 
That a literal enforcement of the provisions of this chapter will result in unnecessary hardship, as that term is defined by law, including court decisions.
(2) 
That the allowance of the variance will not be contrary to the public interest.
B. 
For special exceptions:
(1) 
That the application falls within the provisions of this chapter which afford to the applicant the right to seek a special exception.
(2) 
That the allowance of a special exception will not be contrary to the public interest.
C. 
Evaluation of the impact of an application on the public interest. In determining whether the allowance of a special exception or variance is contrary to the public interest, the Zoning Hearing Board shall consider whether the application, if granted, will:
(1) 
Adversely affect the public health, safety and welfare due to changes in traffic conditions, drainage, air quality, noise levels, neighborhood property values, natural features and neighborhood aesthetic characteristics.
(2) 
Provide required parking in accordance with Article XVI of this chapter.
(3) 
Adversely affect the logical, efficient and economical extension or provision of public services and facilities, such as public water, sewers, refuse collection, police, fire protection and public schools.
(4) 
Otherwise adversely affect the public health, safety or welfare.
[Amended 9-11-2012 by Ord. No. 11-2012]
Unless otherwise specified by the Zoning Hearing Board, a special exception or variance shall expire if the applicant fails to obtain a building permit and commence actual construction within one year from the date of the Board's opinion and decree granting the same.
See Sections 914.1 and 915.1 of the Municipalities Planning Code.
See Article X-A of the Municipalities Planning Code.